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Promotion and Appointment of Commodore Polewara; Stayed

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Commodore Philip Polewara against a a backdrop of supreme court

The Supreme Court of Papua New Guinea has issued an order staying the National Executive Council’s decision to promote and appoint Commodore Philip Polewara as Chief of Papua New Guinea Defence Force and Colonel Opa Lari Opa as Deputy Commander of the PNGDF, pending the outcome of Major-General Mark Goina’s court case.

In August of 2023, the Prime Minister James Marape suspended Defense Commander Major-General Goina for three months to allow the General Board of Inquiry (GBOI) to investigate a fatal shooting incident involving two servicemen, one soldier and a civilian during a training exercise in Kupiano, Central Province.

The shooting incident happened on July 4th, 2023.

Presiding Judge, Justice David Cannings, issued the court’s orders, under sections 19 and 5(1)(b) of the Supreme Court Act, effectively putting on hold the National Court’s earlier decision from May 14, 2024, in case OS(JR) 177 of 2021, and the associated proceedings.

Key elements of today’s Supreme Court’s ruling include:

  • 1. Stay on NEC Decisions: The court stayed the NEC’s decisions published in National Gazette No. G386 on May 24, 2024. This includes the revocation of Major-General Goina’s appointment as Commander and Chief of the PNGDF and his discharge from the rank of Brigadier-General. Additionally, the promotions of Commodore Philip Polewara to Rear-Admiral and Colonel Opa Lari Opa to Brigadier-General, along with their new appointments as Commander and Chief, and Deputy Chief of the PNGDF respectively, are also stayed.
  • 2. Restraints on New Appointees: Commodore Philip Polewara is restrained from occupying the office of Commander and Chief of the PNGDF and performing related duties, except in his capacity as Acting Commander under his previous appointment. Similarly, Colonel Opa Lari Opa is restrained from assuming the office of Deputy Chief of the PNGDF and performing associated duties.
  • 3. Prohibition on Implementation: The order prohibits all officers, servants, and agents of the NEC and the Attorney-General from taking any steps to implement the NEC’s decision, including conducting hand-over takeover ceremonies.
  • 4. Stay on Related Proceedings: The court also stayed National Court proceedings in case OS(JR) 102 of 2023, involving Major-General Goina and Prime Minister James Marape among others, pending further order.

A directions hearing for Goina’s case is scheduled for July 1, 2024, at the Supreme Court before Justice Cannings at 1:30 pm.

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Polewara Asks for Cooperation

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Board of Inquiry

Branch Heads and Directors within the Papua New Guinea Defence Force have been called before the General Board of Inquiry (GBOI) into the shooting death of two soldiers, the wounding of another soldier and a civilian.

Acting PNGDF Commander, Commodore Philp Polewara said Commanding Officers are to assist the Inquiry when their members who participated in the final Corporal Qualifying Course are called before the GBOI.

The inquiry intends to identify issues and gaps in the system and make appropriate recommendations for the improvements in PNGDF to ensure that such tragedies do not occur again,” said acting Commodore Polewara.

When the inquiry was launched on 18th August 2023, Prime Minister James Marape announced the sidelining of then PNGDF Commander, Major General, Mark Goina.

Marape had said Goina’s suspension does not imply any wrong doing on his part and the decision to have Goina suspended was to protect the independence and integrity of the GBOI.

“To affirm the integrity of PNGDF and also the integrity of the Commander (Goina)NEC took a decision to suspend Commander (Goina) under Section 6 (3) B of the Defence Act 1974 for three months, or until such a time when the General Board of Inquiry delivers its findings.

But internal PNGDF investigations revealed that Leading Seaman, Eric Gwale and Corporal Watata Kutegen were killed by high velocity ammunitions fired from within 40 meters.

Three soldiers were identified, and one has confused to firing the live ammunitions because he had it in his possession.

While the inquiry continues, the family of late Eric Gwale have laid him to rest in his home province in New Ireland. Gwale is survived by his wife and three sons.

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